CA Pub. Decisions

1. PEOPLE v. MCEWAN
   Feb 22, 2007
   Trial court had no jurisdiction to consider appeal by defendant who pled no contest where no certificate of probable cause was obtained, notice of appeal attacked validity of plea and did not state intent to appeal on any grounds not requiring a certificate of probable cause, and…
2. PUGLIESE v. SUPERIOR COURT OF LOSANGELES COUNTY
   Feb 22, 2007
   Domestic violence is continuing tort for which limitations period does not begin to run until last alleged act of violence.
3. RICARDO v. SUPERIORCOURTOFLOS ANGELES COUNTY
   Feb 22, 2007
   A dependency court referee's order is not automatically vacated when a party's request for rehearing before a judge is granted. Rather, pursuant to Welfare and Institutions Code Sec. 250, that order remains in force until a new order is made after rehearing of the origina…
4. SACRAMENTO POLICE OFFICERS ASSOCIATION v. CITY OF SACRAMENTO
   Feb 22, 2007
   City's proposal to hire retirees as temporary employees in response to an abrupt shortage in the staffing of the police force, which could not be remedied through the ordinary processes of recruitment and hiring, was a fundamental managerial policy decision designed to mainta…
5. HERNANDEZ v. CITY OF SACRAMENTO Part I
   Feb 22, 2007
   Charter city may not dilute the procedural protections accorded by state laws to those who forfeit the vehicles they allegedly used to facilitate prostitution or various drug transactions; forfeiture for those reasons is a matter of statewide concern as to which state law includi…
6. HERNANDEZ v.CITY OF SACRAMENTO Part II
   Feb 22, 2007
   Charter city may not dilute the procedural protections accorded by state laws to those who forfeit the vehicles they allegedly used to facilitate prostitution or various drug transactions; forfeiture for those reasons is a matter of statewide concern as to which state law includi…
7. P. v. MacManus
   Feb 20, 2007
   Appellant appeals from his conviction for stalking and making criminal threats against his estranged wife, Anne MacManus. (Pen. Code, SS 422 and 646.9, subd. (b).) The prosecution introduced evidence of prior incidents of domestic violence by MacManus to establish Anne was reason…
8. PEOPLE v. BUFFORD
   Jan 30, 2007
   Where trial judge stated at sentencing that defendant was required to pay restitution to family of victim but did not set amount, court retained continuing jurisdiction to set that amount, even after defendant had otherwise completed sentence.
9. AUGUST ENTERTAINMENT, INC v. PHILADELPHIA INDEMNITY INSURANCE COMPANY
   Jan 30, 2007
   Directors and officers liability policy does not cover a breach of contract claim where an officer entered into a contract without stating that he was acting on behalf of the corporation. Where payment of the underlying debt is not insured by the policy, failure to pay it is not …
10. MARK and KIMBERLY ZEMBSCH v. SUPERIOR COURT OF ALAMEDA COUNTY
    Jan 30, 2007
    A modification decision.
11. AUGUST ENTERTAINMENT, INC v. PHILADELPHIA INDEMNITY INSURANCE COMPANY PART II
    Jan 30, 2007
    Directors and officers liability policy does not cover a breach of contract claim where an officer entered into a contract without stating that he was acting on behalf of the corporation. Where payment of the underlying debt is not insured by the policy, failure to pay it is not …
12. WAGNER v. COLUMBIA PICTURES INDUSTRIES, INC.,
    Jan 30, 2007
    Where writers of pilot script for television series, under collective bargaining agreement with producer, acquired absolute rights to exploit the script for motion picture purposes, and writers' heirs later sold those rights back to producer, those rights were not ancillary o…
13. LAURA RAPPAPORT-SCOTT v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB
    Jan 30, 2007
    Rule that an insurer's failure to accept a reasonable settlement offer within policy limits can support tort liability for breach of the implied covenant of good faith and fair dealing, applicable to third party settlement offers, does not apply to insured's demand that i…
14. COURTNEY KNAPP v. PALISADESCHARTERHIGH SCHOOL
    Jan 30, 2007
    Student's sexual harassment and tort claims against incorporated charter high school did not need to satisfy Government Tort Claims Act where school, as an alleged nonprofit public benefit corporation, is neither a 'public entity' nor a 'public agency' separat…
15. KURWA v. HARRINGTON, FOXX, DUBROW & CANTER, LLP
    Jan 30, 2007
    Suit by shareholder of corporation providing medical services to HMO's members against attorney for the other shareholder over business letter sent by defendant to HMO's president urging that new corporation headed by attorney's client be named the exclusive provider …
16. In re JAMES F.,
    Jan 30, 2007
    Juvenile court's error in appointing a guardian ad litem without inquiring about father's competence and explaining the purpose of the appointment was a structural error requiring reversal of the order terminating father's parental rights.
17. In re JAMES F., Part II
    Jan 30, 2007
    Juvenile court's error in appointing a guardian ad litem without inquiring about father's competence and explaining the purpose of the appointment was a structural error requiring reversal of the order terminating father's parental rights.
18. LONDON MARKET INSURERS v. SUPERIORCOURTOFLOS ANGELESCOUNTY Part II
    Jan 30, 2007
    The term "occurrence," as used in a commercial general liability policy as applied to bodily injuries caused by exposure to asbestos, means injurious exposure to asbestos, not the manufacture and distribution of those products, so trial court erred in determining that all…
19. LONDON MARKET INSURERS v. SUPERIORCOURTOFLOS ANGELESCOUNTY Part I
    Jan 30, 2007
    The term "occurrence," as used in a commercial general liability policy as applied to bodily injuries caused by exposure to asbestos, means injurious exposure to asbestos, not the manufacture and distribution of those products, so trial court erred in determining that all…
20. RAMOS v. SUPERIORCOURTOFLOS ANGELESCOUNTY
    Jan 30, 2007
    Good cause, attributed from one jointly charged codefendant to another pursuant to Penal Code Sec. 1050.1, does not permit the magistrate to set or continue the preliminary hearing for both defendants beyond the 60 days prescribed by Sec. 859b in the absence of a personal waiver …